Other conditions decisions — 2010

The Board denied the Veteran's claims for service connection for blurred vision, as well as his requests for increased ratings for bilateral hearing loss, residuals of an injury to the right palm, and right tympanic membrane perforation.

The Board has determined that new and material evidence has not been submitted to reopen the Veteran's claim for service connection for defective hearing.

The Veteran's right foot fracture is currently rated as 10 percent disabling, but the Board found that his symptoms do not warrant a higher rating.

The Board finds that a warrant was issued for the Veteran's arrest in November 2004 and he was considered a fugitive felon until December 2005. The VA disability compensation overpayment in the amount of $2,826.83 was properly created based on this status.

The Veteran's claim for an earlier effective date for service connection and special monthly compensation based on anatomical loss of a creative organ is denied as the earliest date of receipt of her claim was April 26, 2005.

The Veteran's varicose veins of the right lower extremity are currently rated at 40 percent disabling, and his varicose veins of the left lower extremity are currently rated at 20 percent disabling. The Board finds that these ratings adequately reflect the severity of the Veteran's service-connected conditions.

The Board has determined that additional development is needed to ensure full compliance with due process requirements, including providing a corrected VCAA notice letter under the Hupp v. Nicholson decision.

The Veteran's unauthorized medical services provided by Jennie Edmunson Hospital from January 13, 2003 to February 2, 2003 were not eligible for payment or reimbursement due to the lack of service connection and failure to meet eligibility criteria.

The Board denied the petition to reopen the claim for service connection for defective vision, finding that no new and material evidence had been submitted.

The Veteran's claim for reimbursement of unauthorized medical expenses for a lacerated finger at Newark Wayne Hospital is denied as the treatment was non-emergent and not related to a service-connected condition.

The Veteran's claim for a TDIU is denied because she does not have any adjudicated service-connected disabilities.

The Veteran's appeal for a total rating based on individual unemployability due to service-connected disabilities has been dismissed as the Veteran died during the pendency of the appeal.

The Veteran's claim for an earlier effective date for service connection of colon cancer was denied as he did not file a formal or informal application before December 22, 2006.

The Board has determined that the appellant's character of discharge from his period of service should not be a bar to VA benefits, but needs additional information and evidence.

The Veteran's claim for a compensable rating prior to November 12, 2008 and an increased rating in excess of 10 percent from that date was denied. The Veteran is not entitled to a compensable rating prior to November 12, 2008 due to the scar being superficial and non-painful. From November 12, 2008, he is not entitled to an increased rating as his scar does not meet the criteria for a higher evaluation under Diagnostic Code 7804.

The Board has decided to remand the case for further development, including obtaining corroborated service dates and a VA examination to determine if the Veteran's gastrointestinal problems are related to his active service or service-connected lichen planus.

The Board found that the Veteran's current degenerative joint disease of the left hip did not manifest during service or within one year of separation, and there is no medical evidence linking it to his active duty. The claim was denied.

The Board denied the appellant's claim for payment or reimbursement of unauthorized medical expenses incurred at Parkridge Medical Center, Inc., on April 27, 2007, finding that he had other health care coverage under a health plan and was not eligible for VA benefits.

The Veteran's osteoporosis is granted as secondary to prednisone use for treatment of eczema. Claims for vision problems, skin disability, and dental disabilities are all granted.

The Veteran's appeal for payment or reimbursement of unauthorized medical expenses incurred at Largo Medical Center during a specific period has been dismissed due to the death of the appellant.